VANCOUVER: – Is it possible that Attorney General Wally Oppal and Premier Gordon Campbell did not have any information related to one of the most repressive sections in the BC Election Act even though they were amending it?
The BC Freedom of Information and Privacy Association filed requests for all background, briefing and communications documents related to s.239 of the Election Act. That section requires everyone who carries out “election advertising” to register with the government, no matter how little they spend. Failure to register can mean up to a year in jail time and fines up to $10,000.
Both the Ministry of the Attorney General and the Office of the Premier claimed no such documents existed. The only document released was an issue note from the Public Affairs Bureau with responses to the controversy around the persecution of a small community group in late 2008.
“The section is on its face a violation of our constitutional right to freedom of expression,” said FIPA’s Director of Policy and Communications Vincent Gogolek. “It is inconceivable that the lead minister, who heads a department with hundreds of lawyers, would not be briefed on the possible constitutional problems.”
Ministers normally have large briefing binders which contain notes on all possible questions they could be asked. Bill 42, which amended the Election Act, was the subject of days of stormy debate in the spring of 2008. AG Oppal was the minister who introduced the legislation and led the debate for the government side.
“It seems the government was completely unaware, not to mention uninterested, in the fact ordinary British Columbians have to register before they can speak out during an election campaign,” Gogolek said. “We are amazed that they would admit this in responding to our FOI request.”
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